ILGA_State_Sponsored_Homophobia_2012

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foster a better reception under international law and give credence to the cases of those marked with discrimination based on SOGI. Tradition/Culture Homosexuality in Africa has been blamed on Western European influence and colonialism. It has also been blamed on the radical intervention of technology, but homosexuality has been present in the African culture throughout history. In many African societies, it is not uncommon to acknowledge same-sex relationships. Unfortunately, modern sceptics are ignoring factual history. African leaders believe that behaviours deviating from the normal gender roles are phases that the children encounter and can be addressed only through ensuring regulatory laws to prevent the unknown and unacceptable sexual behaviours. Historically, Africa has always been the friendliest and most tolerant continent, homosexuality and samegender behaviours dating back to time before colonialism and the intervention of religion. The arrival of colonialism contributed to the mass hatred and also the influence of religious fundamentalism has contributed to the debased argument for homophobia. Christianity teaches a faith that encourages "Love thy neighbour as thyself"; sadly, this concept has been abandoned for the sake of “hate missions” propelled by the religious leaders, such examples can be found in many places in Africa: Botswana, Uganda, Nigeria, Malawi, where the Churches, Mosques and other popular religious communities are aiding and abetting their governments to pass laws that would criminalise homosexuality and some as far as the death penalty. Implications for Sexuality, HIV/AIDS & Health The struggle against HIV/AIDS is also undermined by criminalization of same-sex relationships. The Human Rights Committee has noted that laws criminalizing homosexuality “run counter to the implementation of effective education programmes in respect of HIV/AIDS prevention” by driving marginalized communities underground. A finding supported by UNAIDS: Former president of Botswana Festus Mogae and UN Special Envoy for HIV/AIDS in Africa Elizabeth Mataka have spoken out firmly and forcefully against criminalization of homosexuality in Africa. African LGBTI people have been struggling to have access to public health services, the level of double discrimination faced being fuelled by state-sponsored homophobia. Over the past twenty years, there has been a growing recognition of the relativity of sexual norms and of the difficulties of accepting Western conceptions of sexuality in Africa, including gay rights and public recognition of same-sex families. • An implication in our view is that homophobia is “deep-rooted” in culture, religion, music and law. Expressions of homosexuality are repressed by condemning homosexuals, their families and friends. • Mocking, shame, ostracism, scorn, violence and prayers for salvation are reported means of keeping homosexuals in the closet or making them “normal.” Some homosexuals respond to this stigmatization by moving away from their countries, communities, families; others build supportive networks outside their communities; while others struggle to keep it a secret by “pretending to be heterosexuals”. • Same-sex loving people often lead multiple secretive lives, men or women on the Down Low, also known as DL. Men who have sex with men (MSM) often do not admit they are gay or bisexual; these are largely married men. • Homosexuality is often aligned with occultism. • Many African governments have no mandate or projected plans to include Lesbians, Gays, Bisexuals and Trans in sexual health provisions and services. • Inaccurate media publications, unethical reporting, dubious and negative publicity on matters of HIV and homosexuality in Africa need to be addressed to change attitudes. The Way Forward/Recommendations • Legal and policy reform is urgently needed on all these fronts to legally reinforce same-sex relationships, the legal status of same-sex love and the full protection of human rights in the context of HIV/AIDS. State-Sponsored Homophobia – May 2011 ILGA – The International Lesbian, Gay, Bisexual, Trans and Intersex Association - www.ilga.org 23
• Address underlying prejudices and discrimination through education programmes in schools and community dialogue to help create a more supportive environment for same-sex unions • Promote media training, explicitly designed to discourage attitudes of discrimination and stigmatisation towards sexual reproductive health and rights and same-sex relationships, especially in respect of HIV/AIDS. Encourage the media to adopt ethical rules of conduct that prohibit disclosure of confidential patient information. We hope that in sharing this brief overview, we give a clear understanding of the issues of same-sex relationships, LGBTI human rights in Africa and their implications for sexuality and HIV/AIDS. Rev Rowland Jide Macaulay & Linda RM Baumann Pan Africa ILGA Board members Africa’s representatives to the ILGA World Board State-Sponsored Homophobia – May 2011 ILGA – The International Lesbian, Gay, Bisexual, Trans and Intersex Association - www.ilga.org 24
Page 1 and 2: State-sponsored Homophobia May 2012
Page 3 and 4: Zambia ............................
Page 5 and 6: From the Co-Secretaries General Thi
Page 7 and 8: From the Author Knowing the law is
Page 9 and 10: Violence and safety beyond the law
Page 11 and 12: Likewise, an HIV/AIDS prevention vi
Page 13 and 14: Latin America and Caribbean (1977),
Page 15 and 16: Latin America and the Caribbean (19
Page 17 and 18: Latin America & Caribbean North Ame
Page 19 and 20: Latin America & Caribbean North Ame
Page 21 and 22: Oceania Some states in Australia 11
Page 23: AFRICA Political and State-Sponsore
Page 27 and 28: Botswana Male/Male Illegal Female/F
Page 29 and 30: Ethiopia Male/Male Illegal Female/F
Page 31 and 32: “Section 165. Any male person who
Page 33 and 34: Mauritania Male/Male Illegal Female
Page 35 and 36: The states which have adopted such
Page 37 and 38: Sudan Male/Male Illegal Female/Fema
Page 39 and 40: Uganda Male/Male Illegal Female/Fem
Page 41 and 42: ASIA Half of Asian countries still
Page 43 and 44: Chapter 2: Classes of crime Section
Page 45 and 46: testimony by the witnesses, his pun
Page 47 and 48: Maldives Male/Male Illegal Female/F
Page 49 and 50: Singapore Male/Male Illegal Female/
Page 51 and 52: Uzbekistan Male/Male Illegal Female
Page 53 and 54: Turkish Republic of Northern Cyprus
Page 55 and 56: In the scenario described, oppressi
Page 57 and 58: concept to destabilize universalist
Page 59 and 60: Belize Male/Male Illegal Female/Fem
Page 61 and 62: knowledge, it shall not be necessar
Page 63 and 64: OCEANIA Different stages in the ref
Page 65 and 66: Indecent practices between males Se
Page 67 and 68: Solomon Islands Male/Male Illegal F
Page 69: This report compiled by Lucas Paoli

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